Administrative law (Cth) – Procedural fairness – Where appellant granted Bridging R (Class WR) Subclass 070 (Bridging (Removal Pending)) visa ("BVR") and released from immigration detention following decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 280 CLR 137 – Where Commonwealth of Australia and Republic of Nauru entered into Interim Third Country Reception Arrangement ("Interim Arrangement") contemplated by s 198AHB of Migration Act 1958 (Cth) for settlement of initial cohort of three non-citizens in Nauru – Where appellant proposed as one of initial cohort without notice to him – Where officer of Department of Home Affairs applied to Government of Nauru for grant to appellant of long-term stay visa without notice to him – Where appellant's BVR ceased under s 76AAA of Migration Act following grant of long-term stay visa by Government of Nauru – Where appellant returned to immigration detention pending removal from Australia to Nauru – Where Parliament enacted Home Affairs Legislation Amendment (2025 Measures No 1) Act 2025 (Cth) ("2025 Amendment Act") prior to removal of appeal into High Court – Where item 10 of Sch 1 to 2025 Amendment Act deemed arrangements including Interim Arrangement valid for all purposes if otherwise invalid only because of failure to observe rules of natural justice – Whether entry into Interim Arrangement unlawful because of failure to afford appellant procedural fairness.
Immigration – Unlawful non-citizens – Where s 198(2B) of Migration Act authorised and required removal of appellant "as soon as reasonably practicable" – Where medical services in Nauru inadequate to treat appellant's severe asthma on ongoing basis – Where appellant faced increased imminent risk of premature death from fatal asthma attack in Nauru – Whether removal of appellant to Nauru "reasonably practicable".
Constitutional law (Cth) – Judicial power of Commonwealth – Whether application of ss 198AHB, 76AAA and 198(2B) of Migration Act to authorise and require removal of appellant to Nauru contravened Ch III of Constitution.
Words and phrases – "consequences of removal", "executive power", "executive punishment", "feasibility of removal", "imminent risk of premature death", "inadequacy of medical services", "invalidity and unlawfulness", "judicial power", "natural justice", "non-refoulement obligations", "NZYQ affected person", "penal or punitive", "prima facie punitive", "principle of legality", "procedural fairness", "protection obligations", "punishment", "purposes of punishment", "reasonably practicable", "removal from Australia", "right to life", "risk of harm", "third country reception arrangement", "unlawful non-citizen", "validation provision".
Constitution, Ch III, ss 51(xix), 51(xxvii).
Home Affairs Legislation Amendment (2025 Measures No 1) Act 2025 (Cth), Sch 1, items 8, 9, 10.
Migration Act 1958 (Cth), ss 3A, 36, 76AAA, 197C, 198, 198AHB.
International Covenant on Civil and Political Rights (1966), Arts 2, 6.